Notice of Declaratory Statement

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Architecture and Interior Design
Rule No. : RULE TITLE :
61G1-16.005: Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents
NOTICE IS HEREBY GIVEN that the Board of Architecture and Interior Design has issued an order disposing of the petition for declaratory statement filed by Miguel A. Rodriguez on January 03, 2011. The following is a summary of the agency's disposition of the petition:
The Notice of Petition for Declaratory Statement was published in Vol. 37, No. 4, of the January 28, 2011, Florida Administrative Weekly. The petition seeks the Board’s interpretation of Rule 61G1-16.005, Florida Administrative Code, and asks for clarification with questions as outlined in the petition, concerning procedures for signing and sealing electronically transmitted plans, specifications, reports or other documents. Petitioner’s questions were specifically, “May the electronic signature described in subsection 61G1-16.005(2), F.A.C., be used in lieu of a physical signature and impression seal required by Rule 61G1-16.001, F.A.C.?” “May an electronic image of the physical signature and impression seal required by Rule 61G1-16.001, F.A.C., be made, included on a secured electronic portable document file, and used to meet the requirements of Section 481.221, Florida Statutes, and Rule 61G1-16.001, F.A.C.?” The Board considered the petition at its meeting held on February 11, 2011, in Fernandina Beach, Florida. The Board’s Order, filed on May 4, 2011, answered the first question of the Petition for Declaratory Statement in the affirmative, stating that the electronic signature described in subsection 61G1-16.005(2), F.A.C., is intended to be used in lieu of the physical signature and impression seal required by Rule 61G1-16.001, F.A.C. The Board answered the second question in the negative stating there is no lawful purpose consistent with the requirements of Section 481.221, F.S., and Rule 61G1-16.001, F.A.C., for an electronic image of the physical signature and impression seal required by Rule 61G1-16.001, F.A.C., whether secured or not, made in an electronic portable document file.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Anthony Spivey, Executive Director, Board of Architecture and Interior Design, 1940 North Monroe Street, Tallahassee, Florida 32399-0750.